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Covenant Regarding Real Property 2008-0121001El RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY CA 92074-0789 APN: 275-460-64 D -G&4 2008-0121001 3715 111111111 111 �1III 1111111111ini 1111111111n III Iw� 11111111 MAR 07, 2008 10:22 AM OFFICIAL RECORDS SAH DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 82.00 PAGES: 25 111111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 COVENANT REGARDING REAL PROPERTY Matthew H. Pollack, a married man as his sole and separate property, James S. Weil, a married man as his sole and separate property, and Sam Stelletello, an unmarried man, as tenants in common PROPERTY OWNERS ("OWNERS" hereinafter) are the owners of real property described in Exhibit A which is attached hereto and made a part hereof and which is commonly known as 12708 Monte Vista Road ("PROPERTY" hereinafter). In consideration of the approval of Conditional Use Permit (CUP) 07-05, Development Review (DR) 07-02, and Variance (VAR) 07-06, by the City of Poway ("CITY" hereinafter), OWNERS hereby agrees to abide by the conditions of approval contained in the attached Resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that CUP 07-05, DR 07-02 and VAR 07-06 expire or are rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. Obert J. Manig, Dirocto} of evelopment Services 0-0 , OWNERS: Dated: `6 By: Matthew H. (Notarize Dated: Z — By� (Pollack •"t/Z�\ Ja .Weil (Notarize) Dated: �� By: ) Sam Stelletello (Notarize) C OF P Y L Dated: /h/03 By: _ Z5��, , Obert J. Manig, Dirocto} of evelopment Services 0-0 , 3716 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ec-�rrarrtrzrrr.�a�c�rzr.,rrrrarar,�r - ��r.�r �r fir .ter �r.� - .c��v-.er ,encrc�nr�rrrrr�r State of California County offf C�11 Q�AQ / / n I,� " On 2�6 �U before me, /_ 111,1 GG (:G�'N.UI�t- /p�hv •yl II Ner/o IQQ Name aM Tnb of mo Oncer personally appeared C- /7,) �ei� .Sit- I/2 k 80 Na (a) of Si qli) whoe ro o me on the Is of tisfacto evidence to be thperso s) whose ame ) Is/ re subscribed to the Thin ument and nowledged to me that e s executed the s e In edtbaw authorized pace (ies), and th by i r ignature ) on the CLAUDN R. CAtMI00D ment the erso s), or the entityn behalf of Continkdon 0 176MM which th er o s acted, executed the instrument. SII Pull • California Ill Diew County MCORM801111=21131 P I certify under PENALTY OF PERJURY under the laws -I[ of the State of California that the foregoing paragraph is true and correct. WITNESS /m/yj! hhand and official seL/al.11. Place Notary Seal AEaue Signature �///.�,a ��/,? wie Of N � OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: J 1 r /. l Document Date: Z-/ 1? y� -y�V Number of Pages:�Lq Signer(s) Other Than Named Above: _Ir,a �a4gA/J`.14,4Z1OC Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RGHTTIUMBPRINr OF SIGNER 0 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT HUMBPRINr OF SIGNER 3717 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cYurzhr-czY- .�s� zea--r--r - Fr=-r:rr.�rarar-- :�r•�.�rrr - .crn}rfirRrnar �r�c-r .cY State of California County /of S Y20 / / On Ll �l U� before me, _/' �`j/j/1�GG� G• (�i1L/1u�-t pato (rte`` ,, ,Here arta erM TWe d Pa personally appeared _%Ii0 a. . CLAUDIA p. CAYINOOD Com6ftwon/1765650 W011 %d)dc CaeWMIO *Q mm county 7�r�v *Qm�n2011 Place Notary seal PDoe who ro to me on theeaen�)&alre f ti factory evidence to P ry be th perso (s) whose subscribed to the bin rumens ando ged to me that he hey executed the e in� authorized cap ci ies), and t by iherlihei signs u s) on the instrument th rs (s), or the entity upon behalf of which th erso s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_4&46,", fe Sigmture of Notary OPTIONAL pry Plough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description c Title or Type of Document Date Signer(s) Other Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER �-e,#D CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californiafl County of (LIVCl2SZ l7 On �%�/5/ Oi?_ before me, 45 I, IVir/I tK_ S�4w, Date Nero Innen Nemo ar,E Ttle d me mm, personally appeared Nameta) d Sipnn(s) aaa� FYI p GIC.ANNI A. SAGUN S nay Commission* 1769587 � o � 3 � Nolory PubUe - Collfomic �r Riverside Crwnty I.li'Conlmeww"W21, 201 l UN COOtlAtabn • 1769587 caufforni 21.11111 Plow Notary sed Aowe 3718 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that helsheRhey executed the same in his/HeF/ifaeir authorized capacity(ie+ and that by his#tefr heir signature(a) on the instrument the person(e), or the entity upon behalf of which the person(O acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragra j s I rue and correct. WITNESS my hand p seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTIUMBPRINr OF S GNER